Huntsville man asks state appeals court to block city from cutting his yard

The view of James Hessler's home from Pratt Avenue. (The Huntsville Times/Dave Dieter)

HUNTSVILLE, Alabama -- The state Court of Civil Appeals is now involved in a dispute over a messy yard in Five Points.

James Hessler is asking the appeals court to overturn a Monday ruling by Madison County Circuit Judge Jim Smith, who said records from the July 10 Huntsville City Council meeting validated the council's decision to declare Hessler's yard a public nuisance.

On Tuesday, Hessler hired local attorney Charles Pullen to represent him in the appeal process.

Pullen said the city initiated the nuisance complaint under a state law governing overgrown grass and weeds. But Hessler's yard at 1320 Pratt Ave. is mostly a tangle of vines, saplings, wildflowers and other vegetation.

"They're talking about removing quite a few things that aren't weeds and grass," Pullen said today. "I think (Hessler) has some good arguments to make."

Pullen said he has asked the court to bar the city from coming onto Hessler's property while the case is under appeal. The appeal process could take up to six months, he said.

Hessler has said he wants to keep his yard the way it is because it attracts wildlife and provides privacy from the neighbors.